Port Standards and Procedures Port of Hastings

Transcription

1 Port Standards and Procedures Port of Hastings Patrick Stevedoring Pty Ltd ACN Legal\

2 Table of contents 1. Definitions, Interpretation and Application Definitions Interpretation Application General duties Activities in the Port Compliance Patrick's access Induction Notification of accidents, damage, injury or contamination Responsibility for operations Patrick's Rates and Charges Interest on overdue money Navigation of Vessels in the Port Notice of arrival Shipping orders Navigation within the Port of Hastings channels Notice of Dangerous Cargo Communication Vessels not to enter certain areas of the Port Pilotage Towage Vessel Management Application to Use Channel and Berth Allocated Berth Limits of Berth Anchoring Vessel Stability Mooring Mooring lines and equipment Gangways Safety nets Keeping clear of mooring Keeping clear of cranes and plant Keeping watch Bunkering Firearms, explosives and fireworks Flares Fire Stowage of anchors Engines and propellers Whistles, bells or sirens Demobilisation and repairs Entry into the Hazardous Area Cargo tank, hold, hull and deck cleaning and fumigation Vessel "over the side" maintenance Cleaning, gas freeing and/or purging of a tank Ballast water Grounding of Vessels Launching of Vessels Lifeboat drills Legal\

3 Legal\ Surveys Items discharged or lost from a Vessel Diving Abandoned Vessels Outstanding payment Funnel Smoke Cargo and Berth Management Manifest Dangerous Cargo Inspection of Cargo Loading and unloading of Cargo Loading and unloading plant and equipment Slings Heavy and bulk Cargo Bulk Cargo not to be deposited at a Berth Sorting, packing, repair and screening of Cargo Damaged Cargo Patrick may move Cargo Moving Cargo between Vessels Cargo falling overboard Storage of Cargo Cargo Storage Fees Abandoned Cargo Cargo Consignee Lien etc Maximum Berth and Pier Loading Prevention of Loss or Damage Facilities and Equipment Application Availability No Warranty Port User's duties Damage or malfunction of Equipment or Facilities Services Work Permit Port User's duties Notices Emergencies Emergency Management Plan Emergency Announcements Reporting information Powers in an Emergency Duties in an Emergency Interference with emergency equipment False Alarms Environmental Protection Environmental Legislation Pollution and contamination Reporting information Interference with marine life Dead animals Litter and rubbish Access and Security... 43

4 10.1 Maritime Transport Security Act not limited Entry to the Port Prohibited Area Security Passes Security Barriers Screening and inspection Patrick's powers Security Announcements Reporting information Firearms Security Plan Security Plan implementation and review Conduct of Port Users in the Port Social functions Notices and signs Animals in the Port Intoxication by drugs or alcohol Smoking in the Port Providing goods or services and soliciting business in a port Vehicles in the Port Road Legislation Driving with care Insurance Prohibited Driving Areas Complying with traffic signs and directions Collisions and accidents involving Vehicles Parking Obstructing vehicles Limitations and Exclusions Limitations Fundamental Acknowledgements Qualifications and Clarifications Schedule Legal\

5 Port Standards and Procedures Port of Hastings Patrick Stevedoring Pty Ltd ACN of Level 6, 380 St Kilda Road, Melbourne, Victoria (Patrick) Background A. Patrick controls, manages and operates the Port. B. The purpose of these Port Standards and Procedures is to provide a set of rules to govern the activities of all Port Users and their respective Associates in the Port. Operative Provisions 1. Definitions, Interpretation and Application 1.1 Definitions In these Port Standards and Procedures: Allocated Storage Area has the meaning given in clause AMSA mean the Australian Maritime Safety Authority established under the Australian Maritime Safety Authority Act 1990 of the Commonwealth. Anchoring Position means any area designated by the Harbour Master from time to time as the area where a Vessel may be anchored. Application for a Dangerous Goods Permit means Patrick's standard form headed "Application for Permit to Transport, Handle, Store Dangerous Substances and Oils in the Port of Hastings" as amended from time to time. Application to Use Channel and Berth means Patrick's standard form headed "Application to Use Channel and Berth" as amended from time to time. AQIS means the Australian Quarantine and Inspection Service. AS means: the Australian Standard AS for safe working in a confined space as amended from time to time; any Australian Standard that succeeds or substantially replaces AS in the future; and any other standard specified by Patrick and communicated from time to time. AS means: the Australian Standard AS for the handling and transport of dangerous goods in port areas as amended from time to time; any Australian Standard that succeeds or substantially replaces AS in the future; and any other standard specified by Patrick and communicated from time to time. Legal\

6 Associates mean all employees, agents and contractors. Berth means a berth specified in item 2 of Schedule 1 and any other berth or Wharf in the Port. Cargo means any solid, liquid or gaseous product, substance or material that is loaded or is intended to be loaded onto or unloaded from or kept aboard a Vessel while it is in the Port. Cargo Consignee means: the owner of any goods, materials, equipment or other Cargo that are delivered or stored in any Storage Area or other Controlled Area from time to time; and the owner, lessee or licensee of any shipping container delivered to or stored in any Controlled Area. Confined Space means a space that is fully or partially enclosed, which may have restricted means for entering and can include areas such as pipes, pump rooms, engine rooms, pits and ballast tanks. Controlled Area has the meaning given in clause Costs and Losses means all losses, damages, costs, charges, expenses and other expenditure of whatever nature (including all legal fees, costs and disbursements on the higher of a full indemnity basis and a solicitor and own client basis, determined without taxation, assessment or similar process and whether incurred by or awarded against a party) whether: arising from or in connection with any demand, notice proceeding or claim or not; liquidated or not; present, prospective or contingent; or owed, incurred or imposed by or to or on account of or for the account of any person alone or severally or jointly with another or others. Dangerous Cargo means: a Dangerous Good within the meaning of the Dangerous Goods Act 1985 (Vic) as amended; Dangerous Cargo within the meaning of AS as amended; and any Cargo that in Patrick's opinion is potentially hazardous to people and property in the Port, and the environment. Dangerous Goods Permit means a permit issued pursuant to an "Application for a Dangerous Goods Permit" form being submitted and accepted by Patrick permitting a Port User to transport, handle or store dangerous substances and oils in the Port. Daylight means the hours between 30 minutes before sunrise and 30 minutes after sunset. Designated Loading Area means any area designated by Patrick as the area where Cargo may be loaded onto or unloaded from a Vessel in the Port. Duty Marine Controller means any of the Port duty marine controllers as appointed from time to time. Emergency means an event, threat or contingency that Patrick considers imminent and will or may adversely affect or endanger any one or more of: Legal\

7 the health or safety of any person; private or public property of any kind; or the environment, in or around the Port. Emergency Management Plan means the Port of Hastings Emergency Management Plan available from Patrick at the request of a Port User. EPA means the Environmental Protection Authority of Victoria (ABN ) as established under the EPA Act. EPA Act means the Environmental Protection Act 1970 (Vic). Equipment means any plant, machinery, equipment or property which is owned, vested in, managed, leased or otherwise controlled by Patrick and made available for use by Port Users. Facilities means any land, buildings, berths, wharves, jetties, laydown areas and any associated plant, equipment and infrastructure of any kind that is owned, vested in, managed, leased or otherwise controlled by Patrick and made available for use by Port Users including any cranes, loaders, unloaders and conveyors. gas free means a tank or space that has been thoroughly cleaned and ventilated in accordance with AS or a similar international specification. Gross Default means any wilful or deliberate act or omission on the part of Patrick that is so malicious, calculated, reckless, fraudulent, deceitful or criminal in nature that it amounts to a knowing, fundamental and complete disregard for the commercial interests of a Port User. Harbour Master means the Port's Harbour Master and any Deputy or Duty Harbour Master, acting Harbour Master or other person authorised to carry out any Harbour Master's functions or duties in relation to the Port and includes any Duty Marine Controllers. Hastings Harbour Control means the Port's Harbour Control office. Hazardous Area means any cargo tank or any Confined Space in a Vessel which previously held Dangerous Cargo or where the atmospheric conditions are unknown. Hot Work means any heat or spark producing works such as, but not limited to, welding. IMO means the International Maritime Organisation. Interest means interest at the rate per annum which is 3 percentage points higher than the Reserve Bank of Australia's "Cash Rate Target" applicable as at the date on which Patrick carries out the relevant interest calculation. ISGOTT means the International Safety Guidelines for Oil Tankers and Terminals as published from time to time. Job Safety Analysis means a safety or hazard analysis that relates to the activities of a Port User or its Associates within the Port. A Job Safety Analysis will always include the following information: the steps involved in performing the relevant activity; the existing or potential safety issues or hazards in relation to the relevant activity; and Legal\

8 the actions and procedures, which the Port User intends to implement in relation to the relevant activity in order to eliminate any safety risks or hazards or to minimise those risks as far as possible. Laydown Area means any area designated by Patrick as an area where Cargo may be temporarily placed during the loading or unloading of Cargo to or from a Vessel. Lengthy Period means any period of time which Patrick considers to be a long period of time. Long-term Port User means any Port User that Patrick considers to be a long-term user. Marine Accident means any event where damage of any kind is caused to any Vessel, person or property. Marine Incident means any event occurring, which gives rise to a hazardous or potentially hazardous situation, including any pollution occurring within the Port. Master means the person with authority or apparent authority to be in charge of operating a Vessel. Maximum Berth and Pier Loading means the maximum Berth and pier loadings specified in item 3 of Schedule 1 or as otherwise directed from time to time. Mobile Phone means a mobile phone that is connected to an Australian telecommunication network Navigation Act means the Navigation Act 1912 as amended. Night means all hours of the day other than Daylight hours. Notification to Handle Dangerous Liquid or Gaseous Goods means Patrick's standard form headed "Notification of Intention to Convey or Handle Liquid or Gaseous Bulk Dangerous Cargoes (including Cargo Tanks not Certified Gas Free)" as amended from time to time. Notification to Handle Dangerous Substances means Patrick's standard form headed "Notification of Intention to Convey or Handle Dangerous Substances in the Port of Hastings" as amended from time to time. Oil Spill Response Contractors means the oil spill response contractors as appointed by Patrick from time to time. Owner means the owner, charterer or person with possession, custody or control of a Vessel or other property at the time while the Vessel or other property is in the Port. Patrick means Patrick Stevedoring Pty Ltd (ACN ) and any other person or entity who succeeds Patrick Stevedoring Pty Ltd in the management or control of the Port from time to time. Patrick's Rates and Charges means Patrick's rates and charges as amended from time to time, copies of which may be available from the Website or on request from Patrick. Permitted Storage Time has the meaning given in clause 5.14(k). Pollution Act means the Pollution of Waters by Oil and Noxious Substances Act Port means the Port of Hastings in Victoria and its seabed and Port Waters together with all Wharves, piers, land and seabeds that are owned, vested in, occupied by, licensed to or controlled by Patrick or any of its related companies. Legal\

9 Port Handbook means the Port of Hastings Operating Handbook including Harbour Master's Directions published by Patrick and available on the Website or by request from Patrick. Port Operations Radio Frequencies means the radio frequencies specified in item 1 of Schedule 1. Port Standards and Procedures means the rules, rights, powers, obligations, standards, procedures and other provisions contained in this document. Port User means any person or entity: (f) in the Port at any time; using Facilities or Equipment; who is a Cargo Consignee; who is bound by a lease, licence or other contract (including any contract that arises out of an Application to Use Channel and Berth) with Patrick under which they promise to comply with these Port Standards and Procedures; who is the Owner of any Vessel in the Port; or who is the Master of any Vessel in the Port. Port Waters means the area of water declared to be the port of waters of the Port of Hastings by Order of the Governor in Council in the Government Gazette under section 5(2) of the Port Services Act Prohibited Area means any area designated by Patrick from time to time as a place where a Vessel may not enter including the Naval Gunnery Range which is situated south and west of West Head (area R.312B). Prohibited Driving Area means any area designated by Patrick from time to time as a place where a Vehicle may not enter. Security Barrier means a barrier constructed to restrict access to an area. Security Passes means any identification card required by Patrick for security purposes and any identity card required under the Maritime Transport and Offshore Facilities Security Act Services means any work or service to be performed for the benefit of Patrick or a Port User (other than services or work to be performed by Patrick). Shipping Agent means the shipping agent engaged with respect to the relevant Vessel or any person held out as being authorised to act on behalf of an Owner, Master or Vessel from time to time. Storage Area means any area used by a Port User to store anything in the Port and includes an Allocated Storage Area. Storage Fees means the storage fees contained in Patrick's Rates and Charges and any other storage fees as notified to the Port User by Patrick from time to time. Tugs means tugs used from time to time to tow, hold, push, move, escort or guide a Vessel in the Port. Vehicle means any: Legal\

10 motor vehicle within the meaning of the Road Safety Act 1986 (Vic); motor cycle within the meaning of the Road Safety Act 1986 (Vic); and any trailer, cart, wagon or other like item attached to a motor vehicle or motor cycle. Vessel means any boat, ship, tanker, marine craft or floating structure. Vessel Works has the meaning given in clause Victorian Contingency Plan for Marine Pollution means the Department of Economic Development, Jobs Transport and Resources plan titled " Victorian Contingency Plan for Marine Pollution" as amended from time to which may be available on the Department s website, or or on request from the Department. Website means the website found at containing information on the Port or other website advised by Patrick from time to time. Wharf or Wharves means any pier, jetty, landing stage, quay, dock, platform or other place in the Port for berthing Vessels. Work Permit means a permit issued (pursuant to a Work Permit Application form being submitted) by Patrick permitting a Port User to perform works or Services in the Port including Vessel Works. Work Permit Application means Patrick's application form titled "Notification of Intention to Undertake Repairs to Vessel" (and any other application form Patrick may adopt) as amended from time to time. 1.2 Interpretation In these Port Standards and Procedures unless the context indicates a contrary intention: (f) an obligation or liability assumed by, or a right conferred on, 2 or more parties binds or benefits all of them jointly and each of them severally; the expression "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust; a reference to any party includes that party's executors, administrators, successors and permitted assigns, including any person taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee; a reference to any document (including these Port Standards and Procedures) is to that document as varied, novated, ratified or replaced from time to time; a reference to any statute or to any statutory provision includes any statutory modification or re-enactment of it or any statutory provision substituted for it, and all ordinances, by-laws, regulations, rules and statutory instruments (however described) issued under it; words importing the singular include the plural (and vice versa), and words indicating a gender include every other gender; Legal\

11 (g) (h) (j) references to parties, clauses, schedules, exhibits or annexures are references to parties, clauses, schedules, exhibits and annexures to or of these Port Standards and Procedures, and a reference to these Port Standards and Procedures includes any schedule, exhibit or annexure to these Port Standards and Procedures; where a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; the words "include" and "including" are not words of limitation; and a person or body which has ceased to exist or has been reconstituted, amalgamated, reconstructed or merged, or the functions of which have become exercisable by any other person or body in its place, shall be taken to refer to the person or body established or constituted in its place or by which its functions have become exercisable. 1.3 Application (f) (g) Port Users enter the Port on the condition that they agree to observe and be bound by these Port Standards and Procedures. Any rights that Patrick may have that arise out of these Port Standards and Procedures are in addition to any other rights that Patrick has at law and in equity. If any provision in these Port Standards and Procedures is inconsistent with a term in any contract entered into between Patrick and the relevant Port User then the provision in the contract will prevail to the extent of any inconsistency. Where Patrick's consent or approval is required by these Port Standards and Procedures, then Patrick may in its absolute discretion grant or withhold its consent or approval subject to any conditions that it considers appropriate. In giving or withholding its consent, Patrick, shall not under any circumstances be taken as acting as an expert or expressing an opinion on or approving the subject matter of the consent or approval. Patrick is not liable to a Port User for any Costs and Losses that arise out of or in connection with the acts or omissions of Patrick or any of its Associates in response to any breach of these Port Standards and Procedures by the Port User or anyone else. If a Port User encounters any problems as a result of other Port Users not complying with anything set out in these Port Standards and Procedures (Problem) then Patrick will, if reasonably requested to do so by the Port User, do what it reasonably can to assist the Port User in rectifying the Problem. However, nothing obliges Patrick to exercise any legal powers it may have if it does not consider the exercise of its legal powers to be an appropriate or cost effective means of assisting the Port User with its Problem. Patrick may, in its absolute discretion from case to case, enforce, ignore or otherwise deal with any rights that it may have as a consequence of any breach of these Port Standards and Procedures by any Port User. 2. General duties 2.1 Activities in the Port With respect to all activities carried on in the Port by a Port User or any of its Associates, the Port User must ensure that it and its Associates: Legal\

12 (f) (g) have all the training and expertise that is necessary to perform the activity; are properly supervised; obtain and keep current all necessary consents, approvals, licences and permits relating to the activity; use procedures, systems and techniques that minimise the risk of injury to persons or property in the Port as far as is reasonably practicable; do not damage any property or injure any person; conduct the activity in a way that minimises any risk of damage, injury or disruption to the environment in the Port; do not obstruct or interfere with: Patrick; any other activities or operations in the Port; or any other Port User, Vessel, person or property in the Port, except to the extent absolutely necessary to carry out the particular activity (Necessary Activities) in a lawful manner; and (h) carry out all Necessary Activities in consultation with Patrick and other Port Users. 2.2 Compliance A Port User must ensure that it and all its Associates at all times comply with: all federal and state statutes and all regulations, by-laws, ordinances or orders made under them and the lawful requirements for any public, municipal or other authority so far as they may affect or apply to the Port User or the Port; any directions given by any regulatory authority having jurisdiction over anything done within the Port, including, the police, customs, AMSA, the EPA, AQIS and Department of Transport; Patrick's directions concerning anything in or relating to the Port, including directions including: A. security, safety, environmental protection or any Emergency; B. the provision of a Job Safety Analysis covering any aspect of the Port User's activities or proposed activities in the Port; and C. the use of any part of the Port; (iv) (v) The Harbour Master's directions concerning anything in or relating to the Port; and All requirements set out in the Port Handbook. For the purposes of clause 2.2, a direction given by an Associate of Patrick shall be deemed to be a direction given by Patrick. Legal\

13 2.3 Patrick's access A Port User must ensure that it and all its Associates permit Patrick and its Associates prompt access to: any Vessel to which the Port User has access rights while it is in the Port; any property or area of the Port being used, occupied or controlled by the Port User; and any information that Patrick reasonably requires in order to check and monitor compliance with the Port User's obligations under these Port Standards and Procedures. 2.4 Induction A Port User must ensure that it and its Associates undertake appropriate induction procedures or courses prior to entering the Port or particular areas of the Port if required to do so by Patrick from time to time. The Port User must pay Patrick's costs of preparing and presenting each individual course. 2.5 Notification of accidents, damage, injury or contamination As soon as the Port User or any of its Associates become aware of any Marine Accident, Marine Incident or contamination in or around the Port, damage to the Port, damage to any Facilities or Equipment or injury to any person or any circumstances likely to cause any damage or injury (Event): the Port User shall ensure that Patrick is informed of the details immediately; and if the Port User or any of its Associates are involved in any Event, then the Port User must provide a detailed written report to Patrick in respect of the Event and the report shall be provided to Patrick within 24 hours of the Port User or any of its Associates becoming aware of the Event. 2.6 Responsibility for operations The Port User: will be exclusively responsible for managing and controlling all activities and operations conducted in the Port by it and any of its Associates (Operations); will, while any Operations are being carried out, be exclusively responsible for managing and controlling all areas of the Port that are used in connection with the Operations (Working Areas); and will be exclusively responsible for managing and controlling all of its Associates during Operations and the Port User will be exclusively responsible for managing and controlling all issues and risks associated with the workplace health and safety of its Associates while they are in Working Areas while Operations are being carried out. Nothing in this clause affects the Port User's obligation to comply with any orders or directions that may be given by Patrick or any of its Associates from time to time pursuant to the terms of these Port Standards and Procedures (Orders and Directions) and nothing relating to the Orders and Directions in any way diminishes the Port User's exclusive responsibility for management and control of Operations and the Working Areas while any Operations are being carried out. Legal\

14 2.7 Patrick's Rates and Charges Unless otherwise agreed in writing Patrick's Rates and Charges will apply with respect to the Port User's use of the Port or any Facilities, services or Equipment. Unless otherwise agreed or provided for in Patrick's Rates and Charges, the Port User must pay any amount due to Patrick within 30 days of an invoice being issued (due date). 2.8 Interest on overdue money If the Port User does not pay any amount owing to Patrick pursuant to these Port Standards and Procedures or otherwise by the due date for such payment, then the Port User must pay Patrick, Interest on the monies owing on demand. Interest shall be calculated from the due date for the payment until the date on which payment is made. Patrick may calculate interest on the outstanding balance of the monies owing daily and Patrick may capitalise any Interest on the last day of each calendar month. 3. Navigation of Vessels in the Port 3.1 Notice of arrival The Master and Owner of a Vessel must ensure that a Vessel does not enter the Port unless the Harbour Master has been notified of the estimated time of the Vessel s arrival and in any event, the Master and Owner of a Vessel must ensure that the Harbour Master is given at least 48 hours notice before the Vessel arrives. 3.2 Shipping orders The Master and Owner of a Vessel must ensure that all shipping orders for pilots, Tugs, lines men and lines boats are made to the Harbour Master on +61 (0) , prior to: 09:00 hours for Vessel movements between 12:00 hours (12 noon) and 19:00 hours on that day; and 16:00 hours for Vessel movements between 19:00 hours on that day and 12:00 hours (12 noon) the next day. 3.3 Navigation within the Port of Hastings channels The Master and Owner of a Vessel in Western Port must ensure that it and all of its Associates comply with the Convention on the International Regulations for the Prevention of Collisions at Sea The Master and Owner of any vessel entering Western Port must comply with all of the requirements outlined in the Port Operations Handbook which include the Harbour Masters Directions. This document can be downloaded from the Patrick Ports Hastings website or a copy may be obtained directly from the Harbour Master. All users of Western Port are reminded that the breaking of any Direction made by the Harbour Master is an offence under Victorian Legislation. The Master and Owner of any vessel entering Western Port must not interfere with, come into contact with, approach or cause any damage to any Navigational Aid, or structure associated with the safe Navigation of Vessels in Western Port. Legal\

15 (f) (g) (h) No person or vessel is to interfere with the safe navigation of a vessel in Western Port and it is forbidden to approach or pass under a vessel in Western Port without the permission of the Master of that vessel. No person or vessel is allowed to pass under any of the jetties in Western Port without the permission of the Harbour Master. The Master and Owner of a Vessel shall not enter Port Waters without prior permission of Hastings Harbour Control or the Harbour Master. The Master and Owner of a Vessel within the Port must ensure except as otherwise permitted by the Harbour Master that the Vessel does not come within 100 metres of any Vessel at a tanker terminal. The Master and Owner of a Vessel shall ensure that the speed of a Vessel is at all times commensurate with safe navigation. The Master and Owner of a Vessel shall ensure that navigation within the Port is done in compliance with any directions given by the Harbour Master. 3.4 Notice of Dangerous Cargo The Master and Owner of a Vessel that is carrying or intending to carry Dangerous Cargo in the Port must ensure that the Vessel does not enter the Port unless a completed Application for a Dangerous Goods Permit form and a Notification to Handle Dangerous Liquid or Gaseous Goods form or a Notification to Handle Dangerous Substances form (as the case may require) has been submitted to Patrick at least 48 hours before the Vessel's arrival at the Port and a Dangerous Goods Permit has been issued. The Master and Owner of a Vessel carrying or intending to load Dangerous Cargo which is in liquid form must also confirm in writing to Patrick at the same time as submitting the Application for a Dangerous Goods Permit form, whether: (iv) (v) (vi) (vii) The hull is leak free; An inert gas system is fitted and fully operational; A crude oil washing system is fitted and operational; The Vessel or any equipment on board has any defects which may affect safe pilotage, berthing, Cargo or ballast operations; Stress calculations for the relevant Cargo handling, ballasting and bunkering have been made and whether such calculations are within recommended safety limits; Cargo tanks and lines are free of air; and Re-liquefaction or boil-off control equipment is in good working order. The Master and Owner of a Vessel that is carrying or intending to carry any Dangerous Cargo in the Port must ensure that it complies with all directions given by the Harbour Master or Patrick. 3.5 Communication The Master and Owner of a Vessel in the Port must ensure that: Legal\

16 Continuous watch radio frequencies are monitored at all times when directed to do so by Patrick (acting reasonably); and Prompt responses are made to all radio calls made by Patrick to the Vessel. Communication with Patrick or the Harbour Master may be established by: making radio contact with the Hastings Harbour Control via the Port Operations Radio Frequencies (Hastings Harbour Control is manned from one hour prior to the advised arrival time or departure time of a vessel that has submitted an Application to use Channel and Berth to Patrick until the vessel is made fast, anchored or departed the Port); Mobile telephone on +61 (0) (Duty Harbour Master); on dhm.hastings@patrick.com.au. The Master and Owner of a Vessel must ensure that: (iv) (v) the Mobile Phone placed on board by the Harbour Master remains charged, is only used for communicating emergencies and official business and is kept in good working order for the duration of the Vessel's visit to the Port; the Mobile Phone placed on board by the Harbour Master is left switched on and monitored by a member of the Vessel's crew at all times; and the Mobile Phone placed on board by the Harbour Master is returned to Patrick in good working order prior to the Vessel departing the Port. The Mobile Phone placed on board by the Harbour Master is only for use by the vessel for emergencies and official business The Master and Owner of a Vessel must ensure that no commercial matters are communicated using the Port Operations Radio Frequencies, the Coast Radio Station Melbourne or any open radio frequencies without Patrick's prior permission. Patrick is not liable to any person for any Costs and Losses that arise out of or in connection with the non-delivery or incorrect receipt of any communication to any Vessel for any reason whatsoever. 3.6 Vessels not to enter certain areas of the Port The Master and Owner of a Vessel in the Port must ensure that the Vessel does not enter any Prohibited Area or Berth without the Harbour Master s permission. The Master and Owner of a Vessel in the Port must ensure that the Vessel does not approach a Berth if the Vessel exceeds the depth of water limit for that Berth with sufficient underkeel clearance as detailed in the Port Handbook. If a Vessel enters any Prohibited Area or Berth which it does not have permission to enter: the Master and Owner of the Vessel must ensure that the Vessel is moved from the area as soon as possible; and Legal\

17 the Harbour Master may do everything necessary to remove the Vessel from the area. Patrick is not liable to any person for Costs and Losses that arise out of or in connection with a breach of any part of clause 3.6, including anything done by the Harbour Master under clause 3.6. Without limiting any of Patrick's other rights or remedies, the Master and Owner of a Vessel shall promptly reimburse Patrick for all of its Costs and Losses that arise out of anything done by the Harbour Master under clause Pilotage The Master and Owner of a Vessel which exceeds 35 metres in length, when underway in Port Waters, must ensure that she carries a licenced Pilot, unless the Master of that Vessel is specifically exempt from the requirement to carry a Pilot. The Master and Owner of a Vessel are not relieved of any obligation or liability under these Port Standards and Procedures while the Vessel is under the control of a Pilot. 3.8 Towage The Master and Owner of a Vessel that requires towing in the Port must ensure that: the Vessel uses as many Tugs as the Harbour Master or the pilot requires; everything necessary is done on board the Vessel and all necessary facilities are provided from the Vessel to enable the Vessel to be towed safely; and the Masters of any Tugs towing the Vessel are provided with all information necessary to permit the safe towage of the Vessel, including: A. the relevant specifications of the Vessel; B. the Vessel's manoeuvring characteristics; C. any defects in the Vessel or the Vessel's equipment; and D. anything else that could affect the safe movement and towage of the Vessel. The Master and Owner of a Vessel are not relieved of any obligation or liability under these Port Standards and Procedures or any law while the Vessel is being towed. 4. Vessel Management 4.1 Application to Use Channel and Berth The Master and Owner of a Vessel must ensure that the Vessel does not enter the Port Waters or moor at any Berth unless a completed Application to Use Channel and Berth has been submitted to and accepted by Patrick. Legal\

18 4.2 Allocated Berth Patrick makes no warranties or representations about the suitability of any Berth allocated for a Vessel or its Cargo. The Master and Owner of a Vessel must ensure that the Vessel does not move to or from the Berth allocated to it unless the Harbour Master has authorised the Vessel's movement or use of the Berth. The Master and Owner of a Vessel must ensure that the Vessel is not moored at any Berth for longer than the time permitted by the Harbour Master. The Master and Owner of a tanker must ensure that the tanker is not berthed at a non tanker berth unless prior written authorisation is obtained from the Harbour Master. If a vessel berthed at Western Port becomes unberthed due to Force majeure, the Master of the vessel is to anchor the vessel in a safe location as soon as practicable and inform the Harbour Master of the event as soon as possible. After such an event, on no account is the vessel to be removed from her anchoring position or brought back alongside any berth in Western Port without the permission of the Harbour Master. 4.3 Limits of Berth The Master and Owner of a Vessel must ensure that neither they nor any of their Associates: Attempt to moor the Vessel at a Berth unless the Vessel comes within the depth of water limit for the allocated Berth; or Cause or permit the Vessel to be moored at any Berth unless the Vessel remains afloat at all times and if an under keel clearance depth is notified by the Harbour Master, then the notified under keel clearance shall be maintained at all times. 4.4 Anchoring The Master and Owner of a Vessel must ensure that if a Vessel is anchored in the Port it is anchored: in accordance with the Anchoring Position; and in a position that will permit the Vessel to swing clear of the channels and fairways. 4.5 Vessel Stability The Master and Owner of a Vessel that is moored at a Berth must ensure that there is at all times enough Cargo or ballast on board the Vessel to keep it stable and capable of departing from the Berth. 4.6 Mooring The Master and Owner of a Vessel must ensure that the Vessel does not lie alongside a Berth unless the Vessel is safely fastened to the Berth s bollards or securing places provided. The Master and Owner of a Vessel must ensure that the Vessel is moored in a way that: is consistent with the requirements as set out in item 4 of Schedule 1; Legal\

19 (iv) (v) (vi) (vii) (viii) relieves the Berth from the weight of the Vessel as much as possible; prevents any damage to the Berth, the Vessel or any other Vessel, person or property in the Port; makes proper and sufficient use of fenders; best positions the Vessel to take bunkers, water and power if required; best positions the Vessel to use shore-based loading and unloading plant and equipment if required; facilitates the quick release of the Vessel; and complies with any other requirements as specified by Patrick or the Harbour Master. The Master and Owner of a Vessel must ensure that the Vessel does not lie alongside or is moored to any other Vessel that is lying alongside without the Harbour Master's permission. The Master and Owner of a Vessel must ensure the Harbour Master is notified of any damage that occurs during mooring to the Berth, the Vessel or any other Vessel. The Master and Owner of a Vessel must ensure that the Harbour Master is notified immediately if a Vessel parts from its anchor, drags its Anchoring Position or parts mooring lines. 4.7 Mooring lines and equipment The Master and Owner of a Vessel that is moored at a Berth must ensure that all mooring lines and equipment used to the moor the Vessel are: (iv) suitable for securing the Vessel; in a good and safe condition; not used if they are frayed, suspect or faulty; and adjusted appropriately and when necessary to accommodate changes in the tide and other conditions in the Port. The Master and Owner of a Vessel that is moored at a Berth must ensure that any frayed, suspect or faulty mooring lines and equipment are, if directed by the Harbour Master replaced immediately. The Harbour Master may arrange for a Vessel's mooring lines or equipment to be inspected from time to time and the Master and Owner of a Vessel shall cooperate and provide any assistance reasonably required in regards to any inspection. If the Harbour Master is not satisfied with the mooring lines or equipment used or proposed to be used in mooring a Vessel, then the Harbour Master may direct the Vessel to another part of the Berth or Port or direct the Vessel to leave the Port. Without limiting any of Patrick s other rights or remedies, the Master and Owner of a Vessel shall promptly reimburse Patrick for all of its Costs and Losses that arise out of anything done by the Harbour Master under clause 4.7. Legal\

20 4.8 Gangways The Master and Owner of a Vessel in the Port are responsible for ensuring safe access to and from the Vessel at all time. The Master and Owner of a Vessel making use of any gangway while moored in the Port must ensure that the gangway is: (iv) (v) kept clear of any bollards or securing places on the Berth; suitable for use and is in a good and safe condition; well lit at Night; adjusted appropriately and when necessary to accommodate changes in the tide and other conditions in the Port; and continuously watched by at least one person on the Vessel at all times. A Port User must ensure that neither it nor any of its Associates obstruct access to or from a gangway at any time. If Patrick is not satisfied with the gangways used or proposed to be used by a Vessel or if gangways have been obstructed, then Patrick and its Associates may do everything necessary to: (iv) (v) adjust, move or replace the gangway; install additional gangways; modify the gangway; ensure that no person uses a gangway; and remove any obstruction to the gangway. (f) Patrick is not liable to any person for Costs and Losses that arise out of or in connection with a Vessel's use or lack of use of a gangway, including anything done by Patrick or its Associates under clause 4.8. Without limiting any of Patrick's other rights or remedies, the Master and Owner of a Vessel shall promptly reimburse Patrick for all of its Costs and Losses that arise out of anything done by Patrick or its Associates under clause Safety nets The Master and Owner of a Vessel that is moored at a Berth must ensure that, where reasonably practicable to do so, a safety net or appliance of such size and character as will prevent people, Cargo and other property from falling into the water (Safety Net) is suspended at all times beneath the areas where people, Cargo and other property pass between the Vessel to the Berth. The Master and Owner of a Vessel that is moored at a Berth must ensure that no person, Cargo or property passes between the Vessel and the Berth without a Safety Net unless Patrick directs otherwise. If the requirements of clause 4.9 are not complied with, the Harbour Master, Patrick and its Associates may do everything necessary to: Legal\

21 prevent people, Cargo and other property from passing between the Vessel and the Berth; ensure that a Safety Net is suspended beneath the areas where people, Cargo and other property pass from the Vessel to the Berth; and do everything necessary to ensure that Vessel leaves the Berth or the Port. Patrick is not liable to any person for Costs and Losses that arise out of or in connection with a Vessel's use or lack of use of a Safety Net including anything done by the Harbour Master, Patrick or its Associates under clause 4.9. Without limiting any of Patrick's other rights or remedies, the Master and Owner of a Vessel shall promptly reimburse Patrick for all of its Costs and Losses that arise out of anything done by the Harbour Master, Patrick or its Associates under clause Keeping clear of mooring A Port User must ensure that it and all of its Associates comply with a direction by Patrick or the Harbour Master to clear and keep away from an area where a Vessel is being moored Keeping clear of cranes and plant The Master and Owner of a Vessel that is moored at a Berth must ensure that the Vessel and any of its equipment including the Vessel's boats, rigging lines, ropes, hawsers and gangways are kept clear of any cranes and plant at the Berth at all times Keeping watch The Master and Owner of a Vessel that is moored at a Berth must ensure that at least one competent person on the Vessel remains on watch at all times unless Patrick or the Harbour Master directs otherwise Bunkering The Master and Owner of a Vessel that is in the Port must ensure that the Vessel is not bunkered unless a request to bunker has been made to and accepted by the Harbour Master. The Master and Owner of a Vessel must ensure that the bunkering process complies with all relevant laws and best practice techniques. The Master or Owner of a Vessel must ensure that: (iv) (v) the Harbour Master is notified when bunkering has commenced and when bunkering has been completed; only bunkering facilities provided are used; all necessary precautions are taken to ensure the safety of the Vessel and other Vessels, Berth, people and property in the Port and the environment; all necessary precautions are taken to prevent the spillage of fuel on the Vessel, Berth and in Port Waters; bunkering is not carried out unless: Legal\

22 A. the weather conditions are suitable; B. the Berth has been approved for bunkering; C. the bunker hose(s) are of sufficient length and are in good condition and have been tested in accordance with the appropriate Australian standard and the test certificate(s) are available to be provided to the Harbour Master if requested by the Harbour Master; D. the bunker hose connections (vessel and truck) have a good seal and a tightened bolt is used in every bolt hole of the bunker hose connection flanges; E. effective communications are established between the Vessel and the bunkering truck; F. there is safe access between the bunkering truck and the Vessel; G. an effective deck watch is maintained; H. the Vessel and the bunkering truck have agreed the pumping rate; I. the Vessel and the bunkering truck have agreed an emergency shut-down procedure; J. suitable fire fighting equipment is on board and ready for immediate use at the bunkering area; K. scuppers on the Vessel are closed off or sealed; L. unused cargo connections are blanked; M. unused valves are closed; N. there is compliance with naked light requirements; O. provision for emergency escape has been made; P. emergency pump stops are operational; Q. window type air conditioners are disconnected; R. drip trays are in place; and S. absorbent material is on site. If any of the above requirements cannot be complied with, bunkering operations must not commence or, if during the course of bunkering cease to be complied with, then bunkering must stop immediately; and (vi) bunkering is done in compliance any other requirements as specified by Patrick or the Harbour Master. If any bunker spillage occurs, the following actions are required to be implemented immediately: cease bunkering operations; Legal\

23 notify the Harbour Master, Patrick or Hastings Harbour Control; and take steps to ensure that any spillage is contained, cleaned-up and mitigated to the satisfaction of Patrick, Department Of Transport and the EPA; (f) (g) (h) Patrick and its Associates may do everything necessary to contain, clean up and mitigate the effect of any spillage in the Port. On completion of bunkering the equipment is to be disconnected and stowed in a manner to avoid any spillage. Patrick is not liable to any person for Costs and Losses that arise out of or in connection with the bunkering of a Vessel including anything done by Patrick or its Associates under clause Without limiting any of Patrick's other rights or remedies, the Master and Owner of a Vessel shall promptly reimburse Patrick for all of its Costs and Losses that arise out of or in connection with the bunkering of the Vessel including anything done by Patrick or its Associates under clause Firearms, explosives and fireworks 4.15 Flares 4.16 Fire The Master and Owner of a Vessel in the Port must ensure that firearms, explosives, fireworks and other like substances are not discharged on board the Vessel at any time. The Master and Owner of a Vessel in the Port must ensure that no flare is discharged except when required to for safety reasons or when the Vessel is in distress. The Master and Owner of a Vessel in the Port must ensure that the Vessel is equipped with fire fighting equipment that is adequate for the relevant Vessel taking into account the nature of its Cargo. All fire fighting equipment on board the Vessel must be maintained in accordance with the manufacturer's instructions and be available for use at all times. The Master and Owner of a Vessel that is handling or intending to handle Dangerous Cargo must ensure that: (iv) the Vessel's fire hose is connected between the fire hydrant nearest the gangway of the Vessel and a fire hydrant on the relevant Berth. If the Vessel's and the Berth's connections are incompatible then an international shore fire connection supplied by the Vessel is to be coupled to the Vessel's international shore fire connection which is connected to the Vessel's hose; if the Dangerous Good being handled is incompatible with water as a fire retardant then suitable chemical fire fighting equipment is on standby for immediate use; and non-essential personnel are not to be allowed within 100 metres of the Vessel: Personnel involved in the bunkering operation must not Legal\